Borsari & Paxson

ATTORNEYS & COUNSELLORS AT LAW

GEORGE R. BORSARI, JR.4000 ALBEMARLE ST., N.W., STE. 100FACSIMILE NUMBER

ANNE THOMAS PAXSONWASHINGTON, D.C. 20016(202) 296-4460

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TELEPHONE NUMBER

(202) 296-4800

FCC Establishes Class A Television Service

On April 4, 2000, the Federal Communications Commission released their Report and Order in the matter of the Establishment of a Class A Television Service to implement the Community Broadcasters Protection Act of 1999 (CBPA).[1] The CBPA, which was signed into law on November 29, 1999, mandates that certain qualifying Low-Power Television stations (LPTVs) will be allowed to apply for, and will be accorded, a new primary status “Class A” television license.

Background

LPTVs typically serve a much smaller geographic region, commonly providing locally-originated programming, local news and weather to rural and urban audiences and often provide “niche” programming to residents of specific ethnic, racial, and interest communities that have either little or no access to such programming. LPTV has been a secondary spectrum priority service since its inception by the Commission in 1982. The television service, which must yield to a mutually exclusive primary service and may not cause objectionable interference to existing full-service stations, operate at reduced power levels with their signals typically extending to a range of only 15-20 miles: approximately one-quarter the signal power of a full-service station. LPTV stations can be displaced by full-service television stations that seek to expand their service or by new full-service stations entering the same market. LPTVs also face an uncertain future because of the conversion from analog to digital television (DTV).

To aid the transition to an all-digital broadcast service by the year 2006, the Commission has provided each full-service television licensee with a second channel to use for digital broadcasting. Because of their secondary status, many LPTVs will be displaced by the transitional DTV allotments. In addition to the DTV displacements, LPTV and television translator stations operating on channels 60-69 will be required to vacate the use of these channels by the completion of the DTV transition period because this spectrum space will be reallocated.[2] This transition will have a negative impact on many LPTVs operating in urban areas where there are few, if any, available replacement channels.[3]

The Act and Qualification for Class A Status

The establishment of a Class A license, under the CBPA, is intended to provide a measure of protection to certain eligible LPTVs from full-service television stations by affording LPTVs primary use status as television broadcasters. With Class A status under the CBPA, qualified LPTV licensees will be subject to the same license terms and renewal standards as full-power television licensees. Class A licensees will be accorded primary status as broadcasters as long as they continue to meet the requirements set forth in the CBPA for a qualifying low-power station.

Section (f)(2)(A) of the CBPA provides that a low-power television station may qualify for Class A status if during the 90 days preceding the date of enactment[4] of the statute: (1) the station broadcast a minimum of 18 hours per day; (2) the station broadcast an average of at least three (3) hours per week of programming produced within the market area served by the station, or the market area served by a group of commonly controlled low-power stations that carry common local programming produced within the market area[5] served by such group; and (3) the station was in compliance with the Commission's requirements for LPTV stations. In addition, from and after the date of its application for a Class A license, the station must be in compliance with the Commission’s operating rules for full-power television stations. LPTV stations that are authorized as of November 29, 1999 to seek Class A status will not be disqualified for a Class A license based on common ownership with any other media entities.

To become a Class A licensee, an LPTV meeting the qualifying criteria was required to file an application for Class A designation by January 28, 2000. The Commission will not accept applications from LPTV stations that did not meet the statutory criteria and that did not file a Certification of Eligibility by the statutory deadline, absent compelling circumstances.[6] Therefore, potential applicants who desire a Class A status must have already filed their certification with the FCC. After filing the certification with the Commission, it must be approved by the Commission. After approval of the certification, the LPTV must file an application for a Class A license within six (6) months from the effective date of the Class A rules. Finally, the Class A license must be granted by the FCC.

Under the CBPA, the FCC is required to grant a Class A license within 30 days after receipt of acceptable applications. The Commission has proposed to grant initial status as a modification of an existing LPTV license and propose to require LPTV stations seeking Class A

status to file forms 301 and 302 for modifications placed under Part 73; forms 346 and 347 for service placed under Part 74. Streamlined forms have been created by the Commission for this purpose.

New Call Sign “-CA”

Upon grant of the initial Class A application, the qualifying LPTV licensee can change the station’s existing numerical or four letter low-power call sign to a four letter call sign with the “–CA” suffix. Licensees can change the call sign by accessing the Mass Media Bureaus’ automated call sign reservation and authorization system on the FCC website and choosing the call sign request screen. There is no fee for the initial change to a “CA” call sign.

New Operating Requirements

Main Studio

Class A licensees will be required to maintain a main studio within their Grade B contours; all main studio locations now in existence and operated by LPTV stations will be grandfathered in by the Commission. The Commission will also consider any programming produced at the main studio of a grandfathered Class A station to be locally produced.

Continued Qualifications

While Class A stations will not have to file annual certifications or reports with the Commission, the stations will be required to certify compliance with applicable FCC rules at the time of license renewal: such renewal applications will be subject to petitions to deny. Licensees seeking to transfer or assign their Class A licenses will be required to certify that the station has been operated in compliance with the applicable provisions of Part 73.

Part 73 Obligations

The Commission will require that Class A applicants and licensees comply with the following Part 73 obligations: educational children’s programming and the limits on commercialization during children’s programming; the requirement to identify a children’s programming liaison at the station and to provide information regarding the “core” educational and informational programming aired by the station to publishers of television program guides; the requirement to place in their file the quarterly forms 398; the political programming rules; the public inspection file rule, including the requirement to prepare and place in the public inspection file on a quarterly basis an issues/programs list; and station identification requirements. The FCC will require Class A stations to comply with the Emergency Alert System (EAS) rules, under Part 11, which are applicable to full-service television stations. Class A stations will be required to have and operate a digital EAS encoder and perform the weekly and monthly EAS tests required of full-service stations.[7] As provided in Section (f)(1)(A)(ii) of the CBPA, Class A licensees must also continue to meet the requirements for a qualifying low-power station in order to continue to be accorded Class A status.

EEO Requirements

Class A broadcast stations will be required, as Low-Power Stations are, to comply with the Commission’s rules and regulations on Equal Opportunity Employment which became effective on April 17, 2000.

Part 73 Exemptions

For the purpose of Class A rules, the FCC will modify other requirements that are applicable to full-service television stations, including: (1) minimum hours of operation of 18 hours per day, as required by the statute; (2) grandfather the use of LPTV broadcast transmitters; and (3) permit Class A stations to operate without a carrier frequency offset. The Commission will permit qualified Class A station licensees to continue to operate their existing LPTV transmitters, provided these transmitters do not cause interference due to excessive emissions on frequencies outside of the station’s assigned channel.

Auxiliary

The FCC will not require Class A stations to follow Part 73 provisions such as: (1) the NTSC and DTV Tables of Allotments (sections 73.606 and 73.607); (2) mileage separations (section 73.610); and (3) minimum power and antenna height requirements (section 73.614). As qualifying LPTV stations are not governed by mileage separations, do not have allotted technical parameters, and will not have a community coverage requirement, these provisions of Part 73 will not apply to Class A. LPTV stations are not subject to minimum power and antenna height requirements under Part 74, and the Commission will not impose any such requirements on Class A stations. Currently, Class A stations are to be exempted from the principal city coverage requirement of section 73.685(a) because the Commission finds it unnecessary to require Class A stations to provide a requisite level of coverage over their community. The current LPTV maximum power levels will be maintained until such time as the FCC determines they are not sufficient to preserve existing service under the CBPA objective.

LPTV stations may be authorized to operate remote pickup stations and various TV broadcast auxiliary stations (BAS). Some LPTV stations use studio-to-transmitter links and other fixed microwave links. LPTV stations may also conduct electronic newsgathering operations on BAS frequencies. Licenses for television pickup, studio-transmitter link and point-to-point TV relay stations are issued to LPTV stations on a secondary basis, such that full-service stations may displace LPTV station use of broadcast auxiliary channels. Once an LPTV station is authorized as a Class A station, all of that station’s BAS licenses should automatically be upgraded to primary status; that is, upon receiving its initial Class A authorization, the station licensee will not be required separately to seek upgraded BAS licenses. Class A stations may also file applications under existing procedures, requesting authority to operate BAS stations on a primary basis. Class A licensees have a responsibility to avoid interference with other users of a BAS channel, and must consult with a local frequency coordinating committee, if one exists

[1] Community Broadcasters Protection Act of 1999, Pub. L. No. 106-113, 113 Stat. Appendix I at pp. 1501A-594 – 1501A-598 (1998), codified at 47 U.S.C. Section 336(f) (CBPA). The CBPA was enacted as part of the Intellectual Property and Communications Omnibus Reform Act of 1999.

[2] Television translators rebroadcast the programs of full-service TV stations. Translators are technically equivalent, to LPTVs and are licensed in the same manner.

[3] While the FCC is not required to issue an additional DTV license to a Class A or translator station licensee, the Commission can accept a license application for DTV service facilities that do not interfere with another facility’s broadcast service area. The FCC has noted that Class A stations may convert their existing channel to digital broadcasting at any time, but is not required to do so until the end of the DTV transition in 2006. Since there are a number of issues remaining to the DTV transition and the issuance of DTV licenses, the FCC has deferred the issue of DTV license for Class A stations to a future rulemaking.

[4] The 90 days preceding the date of enactment would be from August 31, 1999 through November 30, 1999.

[5] The Commission has expanded its definition of “market area” to encompass the area within the predicted Grade B contour determined by the Class A station’s antenna height and power, which encloses a larger area than that of an LPTV station’s protected service contour. The Commission believes that the Grade B contour is an appropriate measure because it will give stations more flexibility to provide locally oriented programming to the community within their signal range, and provide them with a more stable economic base in which to improve their commercial viability.

[6] The Commission has declined to expand the eligible class beyond those applicants who filed their certification of eligibility by January 28, 2000 because the CBPA was designed to permit a one-time conversion of a single pool of already existing LPTV applications that met specific criteria before the statute was enacted.

[7] LPTV stations, except those that operate as television translator stations, are required to have a digital decoder. At the present time, manufacturers of EAS equipment produce only integrated encoder/decoder devices. Therefore, as a practical matter, the Commission notes that most LPTV stations already have a digital encoder.